OOuuaacchhiittaa BBaappttiisstt UUnniivveerrssiittyy SScchhoollaarrllyy CCoommmmoonnss @@ OOuuaacchhiittaa Honors Theses Carl Goodson Honors Program 2012 TThhee LLiiffee aanndd LLeeggaaccyy ooff JJuuddggee RRiicchhaarrdd SS.. AArrnnoolldd John Jacob Lively Ouachita Baptist University Follow this and additional works at: https://scholarlycommons.obu.edu/honors_theses Part of the Law Commons, and the United States History Commons RReeccoommmmeennddeedd CCiittaattiioonn Lively, John Jacob, "The Life and Legacy of Judge Richard S. Arnold" (2012). Honors Theses. 58. https://scholarlycommons.obu.edu/honors_theses/58 This Thesis is brought to you for free and open access by the Carl Goodson Honors Program at Scholarly Commons @ Ouachita. It has been accepted for inclusion in Honors Theses by an authorized administrator of Scholarly Commons @ Ouachita. For more information, please contact [email protected]. Preface The topic of this paper was chosen based on a discussion between my thesis director, Or. Hal Bass, and myself. I told Or. Bass that I was at a loss of ideas on what to do my senior thesis on. I told him that I was interested in doing something that had to do with law. After some discussion he presented Richard Arnold to me. I dtd not know who Arnold was at first but quickly learned about him. Being from Texarkana, it was very interesting to see how Arnold grew from his roots there to eventually be a highly distinguished federal judge. As I started my research for the paper, I found the published resources on Richard Arnold to be limited. However, Polly J. Price, a professor at Emory University's School of Law, released a comprehensive biography entitled Judge Richard S. Arnold: A Legacy of Justice on the Federal Bench in 2009. This book was used as the basis for my research. In this paper, material from Price is used and all credit is due to her. Excerpts from interviews and publications were also found from Price's book. The bibliography for the book can be found on the works cited page alongside a few other sources that were used. The Life and Leeacy o(Judee Richard S. Arnold The world of politics entails a large variety of men and women from diverse backgrounds. Politicians range from mayors of local cities and state representatives to Congressmen and presidents. One other group that I consider to be included under the realm of politicians are those that serve in the judicial branch of the United State government While Judges may not be labeled Republican or Democratic, the political backgrounds of appointees are some of the driving forces to decide who serves on the bench. Studying the judiciary leads to coming across some historical figures that shaped history through the opinions that they wrote during their time of service. It is interesting to see the development of judges and how their past can shape the type of person they become and the decisions they make. The late Richard S. Arnold is no exception to that description. Arnold was a man who was shaped and molded by h1s upbringing to have certain opinions, gained freedom through the knowledge he gained in education, and ultimately developed his own opinions that led to influence his decisions while serving on the federal court of appeals for the E1ghth Circuit from 1980 to 2004. A Family Legacy Born in Texarkana, Texas on March 26, 1936, R1chard Sheppard Arnold was part of a family rich in the political world. His grandfather was Senator Morris Sheppard of Texas. Senator Sheppard was a leading figure in the preparation of the Umted States entry into World War II. Senator Sheppard d1ed in April of 1941, prior to the US's entrance into the war. Interestingly enough, following her husband's death, LucJ!Ie Sanderson married the 2 other senator from Texas, Tom Connally. For a continuous forty years, Richard's grandfather and step-grandfather served in the Senate chamber. Arnold grew up in a family culture where his future was predetermined for him. All men on both sides of his immediate family were lawyers. Not only were the men in the Arnold family involved in politics, but the women were as well. Arnold's grandmother, Kate Lewis Arnold, was a strong supporter for John L. McClellan for the United States Senate. Kate campaigned for McClellan against the incumbent Hattie Caraway, the first woman elected to the United States Senate (Caraway 1989). Kate Arnold was "not opposed loa woman for United States Senator if she is capable of giving that type of service we need. And I say frankly, that if Arkansas has a woman with capabilities for the type of service which Arkansas now needs, I do not know who she is." The most influential person in Richard Arnold's life according to Price was hts mother janet Sheppard Arnold. janet was "interested in everything to do with learning, and everything to do with politics. My mterest in religion, study, intellectual pursutts, and reading is something that she transmitted to me." According to an interview conducted by Frances Ross, Richard's mother once told him "If I were a man, I would at least be a congressman" (Price, 2009). While Richard did make an attempt to fulfill his mother's desire, Richard's legacy would not be found in the chamber ofthe capital but would rather develop in the courtroom. Molding a Man One of the aspects that I want to focus on is how a person is shaped by the environment in which they grow up. Richard Arnold was shaped greatly by how his mother 3 was. It has been mentioned that she was involved with politics. According to Price, Richard's mother worked for voting rights for black citizens in Texarkana. Texarkana, which is located on the border of Southwest Arkansas and Northeast Texas, was a traditional segregated town during this time. Richard's mother would meet with the local chapter of the NAACP at her home to discuss issues gomg on. One story that Richard wrote in 2003 displayed the sympathy his mother had with blacks. Arnold recalled, "Mrs. John J. Jones, the wife of the President of the local chapter, would come to our house to visit my mother. But before she came, Mrs. Jones wished to be assured that she could come in the front door and sit m the living room. 'Of course,' my mother said" (Pnce, 2009). Though that may seem like such a simple story, it was those type situations that ultimately led to the development of some of the opinions written by Richard Arnold. Arnold was growing up in a segregated world and throughout his high school and college career we see he favors segregation. However, he ultimately supports the enforcement of Brown v. Board ofE ducation. I believe that subtle situations like the one described above played a part m shaptng the judge that Richard Arnold became. Education Background Growing up, Richard Arnold attended schools that were racially segregated. He started out attending small private schools before moving over to Arkansas public schools for grades three through nine. Even at a young age, Richard was a very talented and intelligent young boy. When he was 13, he had to spend the summer inside due to having malaria. He used his time wisely and wrote a paper on the incorporation of the Bill of Rights in the federal constitution. 4 Growing up Arnold attended a mix of Baptist and Methodist churches. Arnold was always one who questioned what people said and wanted to seek truth. He lefl the Baptist church because of a teaching he had heard that said that "God made the world in six days in 4004 B.C.," but Arnold argued with his Sunday School teacher that rocks had been found that were older than that. Even at such a young age, the curiosity to seek truth was prevalent in Richard Arnold. Arnold spent the beginning of his educational career in a segregated society in the south. Everywhere he went he was exposed to segregation. Texarkana was like any other town in the South dunng the days of segregation. This type of culture is what Arnold was exposed to and he did not display any dissatisfaction with the way things were. It is very interesting to observe the different cultures that Arnold was exposed to and how each culture shaped him into the judge that he became. Located in Exeter, New Hampshire Philltps Exeter Academy became the home of Arnold at the young age of 14. Ranked today as the sixth best boarding school in the nation, Exeter was a highly respected boarding school of its day. Many of its graduates went on to attend Ivy League schools. Exeter was an all male school when Arnold attended. One would assume that a young boy from Arkansas would struggle in the new environment that Exeter brought, however Arnold flourished dunng his time at the Academy. At Exeter, Arnold took a diverse curriculum. He concentrated on taking all of the Latin and Greek courses offered. Arnold was a normal contributor to the school's newspaper, a leader on the debate team, and participated in the Phillips Exeter Academy Student Senate. The Senate was modeled after the Umted States Senate. During their sessions the Senate would deliberate over current issues. During Arnold's time, some of the 5 issues discussed included communism in the United State and foreign policy. Arnold was elected president his senior year. Arnold created a weekly column in the school's newspaper known as "A jeffersonian View." In th1s column Richard would comment on some of his political opinions on issues. Price comments that looking through these columns, it is apparent that Arnold's stance on the policy of segregation in schools matched those of a traditional Southerner. During the time period that he was writing the column, the Supreme Court heard five different cases that would affect the policy of segregation in the public schools. Even as a teenager in high school, Arnold displayed his opinion on the separate but equal doctrine. The following is an excerpt from his column "A jeffersonian View" written on December 13, 1952. "The separate but equar doctrine has been accepted constitutional law since 1896. Why should there be a radical departure from established policy now, especially since such a departure would be extremely difficult to enforce? The management of the schools has always been a matter strictly for the states. The federal government has absolutely no legal justification for intervening; the Fourteenth Amendment nowhere bans segregation, it merely ensures the "equal protection of the laws" The "separate but equal" doctrine conforms both with the letter and the spint of the amendment. The Supreme Court most certainly has no caJI to overrule it" (Price 2009) While still a student at Exeter, Arnold had the chance to hear an address from Thurgood Marshall. Marshall was to speak on "race relations in the United States." In his address, Marshall mentioned many instances where through litigation by the NAACP, black students had been added to southern universities and law schools. Furthermore, he went into detail on the litigation strategy to achieve similar results in the public school systems. Marshall wanted to include psychological tests given to children to show the "terrible 6 effects that segregation leaves in their minds" (Price 2009). This would be the strategy used in Brown v. Board of Education. Arnold was exposed to a wide array of speakers while at Exeter. Through each of these, one can see how he gained valuable insight into the workings of government at a young age. Typically, h1s column would reflect back on one of the recent speakers that appeared at the school. As far as his columns on segregation, Arnold only addressed the issue once. The other events of the limes, communism and the cold war, were the more prominent topics during this lime. Communism seemed to always be at the forefront of his columns and the debates that took place in the Senate at his school. One of the most interesting conflicts with another student that arose during his time at Exeter was during a debate over the McCarran Security Act of 1950. The Act was a piece of legislation that required the "registration of commumst orgamzation and established a board to investigate persons suspected of being engaged in subversive activities" (McCarran Act 2007). In the school Senate, students voted 27 to 18 to repeal the Act. Arnold was sided with those who voted to maintain the acL lie believed that if the McCarran Act were repealed, it would allow for groups to plot the overthrow of the government. In his column in the Exonian on October 24, 1951, Arnold claimed, "If we allow the Reds freedom of speech they would use this privilege to indoctrinate others, and it will mean the destructiOn of the democratic system." From the debate in the Senate, a fiery exchange of letters began to be published in the Exonian between Arnold and those on the opposing side. In one of the articles, Arnold was labeled a "junior McCarthy." The students were relating Arnold to Senator joseph McCarthy. Senator McCarthy 1s widely known for his accusation made against members of 7 the state department that they were communists and that the United States was sheltenng communists (Joseph McCarthy 2003). The problem that Arnold sought to point out was the conflict that arose in the minds of liberals when dealing wtth limiting freedom of speech. Liberals tended to favor complete freedom of speech and expression. The McCarthy Act sought to limit the spread of Communism in the United States. The question that Arnold was asking his classmates is one that he was asking all liberals, how can you tolerate those that want to destroy you? Arnold felt that the faculty at Exeter tended to be politically biased. Many students used this for ammunition in their clatms of Arnold's "McCarthyism." Arnold responded back in one of his columns by saying that the faculty should be comprised of a mix of political opinions. "When the Department is composed of six or seven shades of Fair Deal and a moderate or two, the situation is deplorable. It should be easy for every thinking liberal or conservative to see that it is only by conflict in views, secured by a baJance in the department, that students will be provoked to serious thinking instead of blind acceptance. The lack of conflict on political opinion in many parts of the school should be a source of anxiety to any genuine Democrat" (Price 2009) Arnold's argument is one that stands true today. Many people believe that the absence of conflict leads to the mediocre acceptance of an opinion. People accept what they are told but are not passionate about or know why they accept what they believe. Only through a combination of conflict and openness can one really learn to know who they truly are and why they stand for what they believe. Professors have a large impact on their students and have the ability to help them develop and explore different opinions. Arnold noticed this and believed that a teacher was the "most eminently fitted to influence the opinions of others. Espec1ally at the college 8